ANALYSIS: No FCPA Liability Shield for NGO Principals

The Justice Department earlier this month announced charges against two members of an unnamed, New York-based non-governmental organization with special UN status, alleging conspiracy and violations of the Foreign Corrupt Practices Act (FCPA) and federal money laundering laws.

The NGO’s president and the president’s assistant were indicted in 2020 by a grand jury in the Southern District of New York, and DOJ’s announcement of the charges followed the extradition of the NGO officials from Thailand to the US.

While non-profit organizations aren’t exempt from prosecution for bribery—and this case is a reminder of that—other industries, including oil and gas, have ...